Genova Burns Prevails in Lengthy Bench Trial in Atlantic County, Obtains Order Rescinding Improper Transfer of Title to Real Property for Client

After a 21-day bench trial in Atlantic County Superior Court in the case captioned Diocese of Eastern America and New York, Inc. v. Vladimir Gayfudinov a/k/a Father Tikhon, et al., Docket No. ATL-C-50-23, the Court handed the firm’s client, the Diocese of Eastern America and New York, Inc. / Russian Orthodox Church Outside Russia (“ROCOR”), a victory, holding that title to a property in Buena Vista, New Jersey – containing a ROCOR church, house and cemetery - was improperly deeded to the defendant The Hermitage of the Holy Protection, Inc. (the “Hermitage”), and must be returned to ROCOR.

ROCOR sued Gayfudinov and the Hermitage after learning that an improper deed had been executed without the knowledge of or approval by ROCOR’s highest ruling executive body, the Synod of Bishops, and after Gayfudinov attempted to remove the property from ROCOR’s jurisdiction. Even though the then-Metropolitan of ROCOR had signed off on the 2017 title transfer, the evidence demonstrated that Synod approval was required, and that, in any event, the Metropolitan’s intent at the time was for the property to always remain in ROCOR as Diocesan property. After the Metropolitan’s death in 2022, Gayfudinov and two lay people from the Hermitage attempted to amend the by-laws to remove the property from ROCOR, claiming they were creating an “independent church” run by Gayfudinov.

The Court held that an analysis of the transfer under the applicable principles of law that apply to property disputes for religious entities mandated that the property remain with the Diocese within ROCOR’s hierarchical structure. Rejecting the defendants’ claims of laches and statute of limitations violations, the Court concluded that Defendants’ other claims for equitable considerations did not supersede these foundational legal requirements. The Court ordered that the deeds and improper by-laws must be rescinded, with the property to be held in trust for ROCOR, and any defendants living on the property must vacate.

Partner and Complex Commercial Litigation Practice Chair Jennifer Borek, Esq., Associate Alisia LoSardo, Esq. and Paraprofessional Akeina Walcott handled the case and the trial, obtaining a complete victory for ROCOR.